The legal status of quantity rebates under Article 102 TFEU is unclear. In Post Danmark II, the ECJ has been asked to provide a substantive test to establish whether this practice amounts to an abuse of a dominant position. As the case law stands, two possible approaches can be followed....

The present article examines the implications of Ofcom’s pay-TV consultation for the future of communications regulation. It is submitted, first, that the authority’s approach departs from what appeared to be well-established principles in the relevant sector-specific instruments. While ex...